Leaving the USA after the visa waiver expired?
I came to the USA to see my long-distance partner. I am from Australia, 21 and came on the visa waiver program (the 90 days period) in March 2014. It was meant to be a visiting trip, but he proposed to me out of the blue and I accepted. Being married to the guy I had fallen for was a dream and eventually the 90 days passed and I decided to stay.
I have no criminal record, and needless to say I was completely taken by him. He was a sweetheart.
But it's almost been a year and the marriage has gone sour to fighting every other day. We were worlds apart with how our minds worked and constantly grew upset over the smallest things. This made me realise that marrying was a mistake -- even though I still love him, I know I can't take this anymore. I couldn't do this. He had promised I would gain my greencard --- or at least /start/ on getting a greencard. But now it's being pushed back to two years and I can't wait that long. The absence of a greencard has brought stress onto our relationship. We have hardly any money and struggled for a very long time. He has been unemployed for almost a year and I just can't take it. I've been very supportive with his decisions but this has given me a very serious wake-up call.
I'm now talking to relatives back in Australia to see if I can go back home. I'm terrified at the prospect that something will happen between leaving this country and arriving back home with Immigration. Will I be sent to jail or worse? I know that there will be a ban on coming back to America because I left a year after my 90 days visa waiver -- that I understand.
I love this man, but in my soul I know that this wasn't how it was meant to be.
Best Answer
Do not be terrified: the USA authorities will be quite glad to get rid of an illegal immigrant and won't spend a dime on her. Think of it -- do they want to erect barriers for people leaving ?
You will lose your ESTA privileges for life and will need a B1/2 visa the next time you want to come to the USA and that won't be any time soon: you are banned for at least three years (overstay by more 180 days: 3 years ban) and if you overstay by a year then the ban is ten years but beyond that, there are no repercussions.
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Can I leave the US after overstaying?
You can travel and leave the U.S. with Advance Parole, a travel document that grants you travel permissions without risking your green card application. USCIS allows you to apply for Advance Parole even if you overstayed your visa.Can I leave the US if I overstayed my visa?
If you entered the United States legally and overstayed your visa, and your green card sponsor is a U.S. citizen, you can apply for Advance Parole. You'll be able to go abroad and return to the United States without facing re-entry bars.What happens if I overstay my visa waiver in us?
If the visitor accrues unlawful overstay under the Visa Waiver Program, the visitor will be permanently barred from the program. In order to travel to the United States thereafter, such individuals would have to apply for a visa at the U.S. Embassy and may face with the refusal of their visa application.How long I can stay after I-94 expired?
Staying more than one year beyond the I-94 expiration date will cause the foreign national to be barred from reentering the U.S. for a period of 10 years.BEING LEGAL IN THE U.S EVEN AFTER YOUR VISA EXPIRES
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Answer 2
You will be allowed to leave the USA without a problem, but unless you filed for adjustment of status, you will not be able to return to the USA for either three or ten years (depends on exactly how long you overstayed the visa waiver).
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